In
this page we will discussing legal incompetence as it relates to the death
penalty by providing examples of legal incompetence, arguments against
its validity, and statistics regarding the release of inmates.
Examples
of Incompetence
A
defense lawywer in Greensboro went beyond being totally incompetent.
NC appointed lawyer David B. Smith of Greensboro NC to Russell Tuckers'
trial. Some people say Mr. Smith worked to try to kill his defendant.
David B. Smith decided that his client deserved to be executed. Mr.
Smith sabotaged the case by deliberately missing a deadline to file for
an appeal on Tucker's death sentence. Tucker was executed.
Against DP
Calvin J. Burdine was
charged with murder in 1983. Burdine's lawyer, Joe Frank Cannon,
frequently fell asleep during the trial according to jurors and the court
clerk. A federal district judge ordered a new trial for Burdine.
The Judge said that "sleeping counsel is equivalent to no counsel at all."
The US Circuit Court of Appeals disagreed. The Court said, "It is
impossible to determine--instead, only to speculate that counsel's sleeping."
Against DP
Have
innocent people been executed?
yes
How many?
There is no way to tell how many of the over 750 people executed since 1976 may also have been innocent. Courts do not usually entertain claims of innocence when the defendant is dead. Defense attorneys move on to other cases where clients' lives can still be saved. Some estimates say 23.
How many death sentences have been reversed since 1976?
NC: 2. US: 102
How many inmates have been released from death row in NC since 1976?
1. Timothy Hennis
convicted: 1986
aquitted: 1989
Hennis, a staff sergeant in the US army, was convicted of three counts
of murder and sentenced to death. The testimony of the primary witnesses
against him were later described by the NC Supreme court as "tenuous" and
"extremely tentative". Hennis was granted a retrial because of the inappropiate
use if inflammatory evidence by the prosecution. at the retrial he was
aquitted when the defense discredited the witnesses and demonstrated that
a neighbor who resembled Hennis could have been the murderer. (State v.
Hennis, 372 S.E. 2d 523 (NC 1988))
2. Alfred Rivera
convicted: 1997
released: 1999
Sent to death row in 1997 , but his conviction was overturned by the NC Supreme court because jurors had been allowed to hear testimony that Rivera may have been framed by the others who pleaded guilty to the murder of two drug dealers. (NC v. Rivera, 514 S.E. 2d 720 (1999) and Winston Salem Journal, 11/23/99)
ow does the state provide representation for the poor? Is this representation adequate?
According to
Gideon v Wainwright, states are obligated to appoint counsel for defendants
who cannot afford their own. This counsel does not have to be excellent,
however, and court appointed lawyers are notoriously ineffective and careless.
www.ojp.usdoj.gov
What do pro-death penalty people say about potential innocence and legal incompetence?
Death penalty
advocates say that there is rarely a way to be certain that the person
is innocent and that only 1/2 of 1% of people sentenced to death since
1973 were definitely innocent. They say that DPIC misinterprets trials
and information and declares innocence in the case of unclear convictions
and other situations that do not necessarily indicate innnocence.
www.prodeathpenalty.com
On the subject of inadequate legal
defense, Judge Doug Shaver of a Texas District Court says, "The Constitution
says that everyone's entitled to an attorney of their choice. But the Constitution
does not say the lawyer has to be awake." This shows the belief that counsel
does not have to be effective for the trial to be fair.
Against DP
Which states
have the highest number of death penalty reversals and releases from death
row?
Exonerations By State
Exonerations 1973-Present Total 107
As this shows, Florida has
Florida 23 Indiana 2
the highest number of exonerations.
Illinois 17 Massachusetts 2
Oklahoma 7 Missouri 2
Texas 7 Ohio 2
Georgia 6 Idaho 1
Arizona 6 Kentucky 1
Louisiana 5 Maryland 1
New Mexico 4 Mississippi 1 
Pennsylvania 4 Nebraska 1
Alabama 3 Nevada 1
California 3 Washington 1
N. Carolina 3 Virginia 1
S. Carolina 3